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who can cancel the FIR ,can police cancel FRI ?
29-May-2024 (In Criminal Law)
Police do not have power to 'cancel-an FIR; under the new procedure law (Bharatiya Nagarik Suraksha Sanhita, BNSS) the police must record information, may in limited categories conduct a short preliminary inquiry and may decide not to proceed only after recording reasons and notifying the informant (see BNSS, ss.173, 176). Ultimately only a Court can quash or set aside an FIR in exercise of judicial powers (High Courts by inherent/writ jurisdiction and the Supreme Court in appropriate cases). See Lalita Kumari v. Govt. of U.P. (registration mandatory where information discloses a cognizable offence) [http://indiankanoon.org/doc/10239019/], State of Haryana v. Bhajan Lal (High Court/S.482 quashing standards; courts may quash FIRs in rare cases of abuse) [https://www.dhyeyalaw.in/state-of-haryana-v-bhajan-lal-1992-supp-1-scc-335], and the BNSS text (Bharatiya Nagarik Suraksha Sanhita, 2023) [https://www.mha.gov.in/sites/default/files/250884_2_english_01042024.pdf].
An FIR (First Information Report) is a written document prepared by the police when they receive information about a cognizable offense, and it marks the official start of the investigation process. Once registered, the police themselves cannot simply "close"an FIR, as it is a legal document. However, if their investigation reveals insufficient evidence, or if the complaint is found to be baseless or false, they may submit a closure report or cancellation report to the court. The decision to accept such a report rests with the court. Additionally, the High Court has the power to quash an FIR if it finds the case to be malicious, frivolous, or not disclosing any cognizable offense.
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